Common use of Additional Representations and Warranties of the Purchaser Clause in Contracts

Additional Representations and Warranties of the Purchaser. (a) The Purchaser hereby represents to the Seller, to any Master Servicer and to any Depositor, as of the date on which information is first provided to the Seller, any Master Servicer or any Depositor under Section 12.03 that, except as disclosed in writing to the Seller, such Master Servicer or such Depositor prior to such date: (i) the Purchaser is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Purchaser; (ii) the Purchaser has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Purchaser as servicer has been disclosed or reported by the Purchaser; (iv) no material changes to the Purchaser's policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the related Securitization Transaction; (v) there are no aspects of the Purchaser's financial condition that could have a material adverse effect on the performance by the Purchaser of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Purchaser or any Subservicer; and (vii) there are no affiliations, relationships or transactions relating to the Purchaser or any Subservicer with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB. (b) If so requested by the Seller, any Master Servicer or any Depositor on any date following the date on which information is first provided to the Seller, any Master Servicer or any Depositor under Section 12.03, the Purchaser shall, within five (5) Business Days following such request, confirm in writing the accuracy of the representations and warranties set forth in paragraph (a) of this Section or, if any such representation and warranty is not accurate as of the date of such request, provide reasonably adequate disclosure of the pertinent facts, in writing, to the requesting party.